공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
1. The fact-finding and judgment of the first instance court are recognized as legitimate even if the evidence submitted to the court of first instance as evidence and the testimony of the witness of the trial of first instance presented to the court of first instance as evidence submitted to the court of first instance.
Therefore, the reasoning of the judgment of the court of first instance is that of the judgment.
3. D.
4) Except for a re-use of the part as set forth in the main sentence of Article 420 of the Civil Procedure Act, the part as set forth in paragraph (1) (as of No. 14, No. 17, and No. 16, No. 13) (as of the first instance judgment), shall be quoted in accordance with the reasoning of the first instance judgment.
A. We examine the amount of the purchase cost of the “materials provided to the Plaintiff by the Defendant” to be deducted from the construction cost to be paid by the Defendant.
In light of the following circumstances, Gap evidence 1, Eul evidence 11, Eul evidence 86, 89, 107 evidence, 23 through 30 of the evidence 108-23 through 10 of the evidence 108, and Eul's testimony for witness P of the trial, it is reasonable to additionally determine the price of the materials that the plaintiff ordered the defendant for the construction of this case as the price of the materials that the plaintiff ordered the purchase of three items below, at least 265,659,900 won (=86,964,900 won) which the plaintiff was paid for the purchase of three items as stated below, in addition to the material price of the materials that the plaintiff ordered for the construction of this case.
① When the Plaintiff ordered the materials to the Defendant, the Defendant supplied the materials to the Plaintiff, and the purchase cost of the materials was deducted from the construction cost to be paid by the Plaintiff under the instant contract.
② Comprehensively considering the details of the Plaintiff’s order and the tax invoices submitted by the Defendant, the Plaintiff ordered 1,083 items each of the following items to the Defendant at the construction site of this case; the Defendant purchased 73,000 won per household (excluding value-added tax; hereinafter the same shall apply), total amount of 86,964,900 won (including value-added tax; hereinafter the same shall apply), (cubco), (d) lighting fixtures, (e.g., one contact sheet, driving day, driving-ACC (the second half line, water reservoir, multi-purpose) (the second half line, May 30, 2017) (the order on purchase on May 30, 31, 201).